TBA Law Blog


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Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

The Memphis branch of the NAACP criticized Tennessee’s response to gun violence after a shooting Wednesday at Fox 13 News. The group questioned the apparent ease with which the assailant was able to obtain an assault rifle. Local chapter President Van Turner called on Gov. Bill Lee and the General Assembly to call a special session this summer to consider gun reform. The group also announced it is in support of Shelby County District Attorney General Steve Mulroy’s decision not to charge Preston Hemphill, an officer who was involved in the initial attempted arrest of Tyre Nichols in January. The Daily Memphian has the full report.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

Despite calls from various groups, Metro Nashville Police (MNPD) says it will not be releasing the Covenant School assailant’s writings at this time. Some Covenant parents have told MNPD they do not want the writings to be made public, and Metro Law Director Wally Dietz says, “We believe family members of the victims should have the opportunity to present any concerns or objections to the Court at that time.” WPLN reports that Metro plans to eventually release a redacted version of the journal found in the assailant’s car.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

No charges will be filed against former Memphis police officer Preston Hemphill for his role in pulling Tyre Nichols over on the evening of Jan. 7, Shelby County District Attorney General Steve Mulroy said yesterday. Hemphill, who was fired from the police department after Nichols died, was seen firing his taser at a fleeing Nichols. Hemphill's body camera footage showed him running after Nichols for a short distance before stopping. He was not seen at the second confrontation where five former MPD officers took turns delivering blows to Nichols, the Commercial Appeal reports.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has filed public comments in response to proposed new federal efficiency standards for refrigerators, refrigerator-freezers, freezers and washing machines. The comments, joined by a coalition of state attorneys general, argue that the proposals will have negative effects on consumers, particularly low-income individuals. Access the comments here.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

Nashville District Attorney Glenn Funk has joined a motion filed by NewsChannel 5 to unseal court documents related to a search of his office by the Tennessee Attorney General’s office. In his motion, Funk argues there is a conflict between the attorney general’s office representing him in cases while conducting an on-going criminal investigation into his office. In the motion, he also says that accessing the documents will reveal whether he has an obligation to report the attorney general to the Board of Professional Responsibility, request an advisory opinion from the board, and/or request court orders requiring the attorney general to withdraw from representing his office in all pending and future matters.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

The Tennessee Firearms Association has filed a public records lawsuit against Metro Nashville in an attempt to access the writings of the Covenant School shooter. The papers are currently in the custody of the Metro Nashville Police Department as part of an open investigation, according to NewsChannel 5. Gov. Bill Lee said last week the writings would be released to the public "very soon."

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion today examining a lawyer’s ethical obligations for fees paid in advance for legal work to be performed in the future. Formal Opinion 505 explains the differences between advance fees and retainers and warns against characterizing an advance fee as nonrefundable and/or earned upon receipt. Read more about the opinion.

Posted by: Stacey Shrader Joslin on May 3, 2023
News Type: Legal News

The Memphis Public Interest Law Center recently received a grant from the American Bar Endowment’s Opportunity Grant Program, the ABA Journal reports. The funds will be used to develop a new app to help renters in Tennessee document, gather and organize facts and evidence for their own advocacy efforts or for their legal counsel to use. The grant is one of 12 innovative projects funded by the program to improve access to legal assistance and provide resources to underserved communities. Read more about the grants.

Posted by: Paul Burch on May 2, 2023
News Type: Legal News

The American Bar Association (ABA) Business Law Section has appointed Chancellor Anne C. Martin as a new Business Court Representative. Martin, who has served as the Business Court Docket judge in Tennessee since 2019, was elected to the Davidson County Chancery Court in 2018 and was reelected in 2022. The ABA program is designed to provide educational opportunities to judges on cutting-edge business law developments and provide Business Law Section members with exposure to judicial leaders in order to obtain their input on those same developments and gain their insights and perspectives on business and commercial litigation. Martin holds a bachelors degree from Smith College and a law degree from Vanderbilt University School of Law. Read more from the Administrative Office of the Courts.

Posted by: Paul Burch on May 2, 2023
News Type: Legal News

KnoxNews is investigating Tennessee attorney Gordon Ball’s use of the cy pres doctrine, which allows unclaimed class action lawsuit money to be reclaimed and used for other purposes with a judge’s approval. Ball has redirected cy pres funds to make over $3 million in donations to universities and charities throughout Tennessee, KnoxNews reports. Ball has also petitioned the University of Louisville Medical School to return a $128,000 donation he made to the school after hearing that a doctor who had aided Ball in a heart transplant was no longer on staff. The cy pres process has come under fire from some attorneys and judges who think there should be a process in place to direct money that isn't given to plaintiffs to organizations that have some connection to the purpose of the lawsuit that secured the money. Tennessee Judge John D. McAfee from the Eighth Judicial District has called the practice “a racket.”


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